Indian Kanoon - Search engine for Indian Law

4. On analysis, Food Analyst found samples of Maggi Noddles to be unsafe for human consumption vide reports No.F-06U1815 dated 13.06.2015/F-06U2715 dated 13.06.2015, which was received by the complainant from the office of Designated Officer, District Shimla. Food Analyst specifically opined in its report that the sample/food product does not conform to the norms as per the Food Safety and Standards Authority of India (for short, 'FSSAI') with respect to the test at Sr. No.1 i.e. lead content exceeds the prescribed maximum limit of 2.5 ppm and on the basis of same, declared the sample product "Maggi Noodle with its taste maker" unsafe for human consumption.

8. In the month of January 2015, Maggi Noodles were sampled by food authorities in Barabanki, Uttar Pradesh and same was analysed .

in May 2015 at Referral Food Laboratory, Kolkata, where it was found that lead content in the product i.e. 17 ppm, was much higher than permitted limit i.e. 2.5 ppm. Since there was widespread media coverage and debates on the National TV and Newspapers around safety of Maggi of Noodles, CEO of FSSAI, vide order dated 25.05.2015 (Annexure E in Cr.MMO No.1199 of 2022), directed the Commissioners of Food Safety of rt all States to collect samples of Maggi Noodles and get them analysed by the accredited and notified laboratories. Pursuant to afore directions, samples of afore product were lifted and tested in almost all States of India in the State laboratories and private laboratories. On 05.06.2015, M/s Nestle voluntarily decided to withdraw the Maggi Noodles product off the shelves and stopped production and issued press release to that effect (Annexure F in Cr.MMO No.1199 of 2022).

- The tests were not conducted by accredited and notified laboratories as mandated under Section 43 of the FSS Act and proper sampling procedure as mandated under Section 47 of the FSS Act was also not followed.

- Bombay High Court in public interest directed fresh sampling of MAGGI Noodles and its analysis by three different accredited and notified laboratories. A total of 90 samples of Maggi Noodles covering six different available variants were sent to three mandated Laboratories (30 samples to each laboratory) for testing of Lead parameter. The report of analysis showed that the Lead levels were within the permissible limits."

received from the States, issued a ban order instructing petitioner's company to withdraw and recall all the Maggi Noodles variant and stop further production, processing, import distribution and sale of the said product with immediate effect. It is also not in dispute that ban order of was subsequently laid challenge before the High Court of Bombay. High Court of Bombay, while holding ban orders to be issued in violation of rt principles of natural justice, held that laboratories where the products are to be tested under the FSS Act are required to be both NABL Accredited as well as FSSAI Notified. Since afore twin condition applied by Hon'ble Bombay High Court was not found to be satisfied, reports issued by the State Laboratories were held to be invalid as they did not meet the twin test. Since tests were not conducted by accredited and notified laboratories as mandated under Section 43 of the FSS Act and proper sampling procedure as mandated under Section 47 of the FSS Act was also not followed, Bombay High Court, in public interest, directed fresh sampling of Maggi Noodles and its analysis by three different accredited and notified laboratories. Report of analysis as was sought by Bombay High Court showed that lead levels were within the prescribed limit. Ultimately, orders passed by the NCDRC in consumer complaint 2026:HHC:12475 filed by Union of India as well as Bombay High Court, detailed hereinabove, came to be laid challenge before the Hon'ble Apex Court in .